The Burger Court Opinion Writing Database Arizona v. Washington 434 U.S. 497 (1978) Paul J. Wahlbeck, George Washington University James F. Spriggs, II, Washington University in St. Louis Forrest Maltzman, George Washington University
REPRODU FROM THE COLLECTIONS OF THE MANUSCRIPT` IIERART'OFATANWRIPII V,Surrtmt ejaztrt of tilt Ataite Attoitington, aj. 2ng4g CHAMBERS OF THE CHIEF JUSTICE December 27, 1977 Dear John: Re: 76-1168 Arizona v. George Washington, Jr. I join. Regards, Mr. Justice Stevens cc: The Conference
REPRODU FROM THE COLLECTIONS OF THE KANUSCLIPT'DIVISIONrIMARARMF1= Onprtme Qlottrt of tiff littittb *atm 7altteitittOtolt, P. QT. zit CHAMBERS OF JUSTICE WM.J. BRENNAN, JR. December 28, 1977 RE: No. 76-1168 Arizona, Richard Boykin v. Washington Dear Thurgood: Would you undertake a dissent in this case? Sincerely, Mr. Justice Marshall
REPRODU FROM THE COLLECTIONS. OF THE HANUSCRIPT'DIVISIONrITHRARTIWTOH H!. 44% Attprtutt Qionti of flit IIUfa Matt* Aisking:ton, (4. wog CHAMBERS OF JUSTICE WM.J. BRENNAN, JR. January 23, 1978 RE: No. 76-1168 Arizona v. Washington Dear Thurgood: Please join me in the dissenting opinion you have prepared in the above. Sincerely, Mr. Justice Marshall cc: The Conference
REPRODU i FROM THE COLLECTIONS OF THE MANUSCRIPT DIVISIONrEIRRARY-OMON uptrinr Qmxrt a fill lanitrtt :$tatra P. QT. 2-(14g CHAMBERS OF JUSTICE POTTER STEWART January 3, 1978 Re: No. 76-1168, Arizona v. Washington Dear John, I am glad to join your opinion for the Court in this case. Sincerely yours, Mr. Justice Stevens Copies to the Conference
REPRODUCED FROM THE COLLECTIONS OF THE MANUSCRIPT DIVISIONTMIBRARY-OF- CONORES..ttpreutt Qjaurt a tilt Ilititeb p$tzttto xsasiringtan, (c. zegx.g CHAMBERS OF JUSTICE BYRON R. WHITE December 27, 1977 ).4 4- Re: No. 76-1168 - Boykin v. Washington Dear John: I am considering a short concurrence in this case. Sincerely, Mr. Justice Stevens Copies to Conference
MANUSCRIPT 'DIVISIONrUIRRART-OMONGRES ATIT- The Chief Justice Mr. Justice Brennan Mr. Justice Stewart Mr. Justice Marshall Mr. Justice Blackmun Mr. Justice Powell Mr. Justice 1/lnuist Mr. Justice Stevens MR. JUSTICE WHITE, dissenting. I cannot agree with the Court of Appeals that the failure of a state trial judge to expresa.the legal standard under which he has declared a mistrial is, in itself and without further examination of the record, sufficient reason to infer constitutional error foreclosing a second trial. The Court's opinion in Townsend v. Sain, 372 U. S. 293 (1963), is to the contrary. There, in the course of a full scale exposition of the proper approach to be followed by a federal court in determining whether a writ of habeas corpus should be issued on the petition of a state prisoner, the Court addressed the situation where the state trial judge, in making the challenged ruling, did net articulate the constitutional standard under which he acted. The Court concluded that "tile coequal responsibilities of state and federal judges in thp administration of federal constitutional law are such that we think the district judge may, in the ordinary case in which there has been no articulation, properly assume that the state trier of fact applied correct standard of federal law to the facts, in the absence of evidence*.. that there is reason to suspect that an incorrect standard was in fact applied." 372 U. S., at 314-315. A silent record is not a sufficient basis for concluding that the state judge has committed constitutional error; the mere possibility of error is not enough to warrant habeas corpus relief. The Court of Appeals, as well as the District Court, was therefore in error in granting relief without further esaminslet DRAFT From: Mr. Justice White Circulated: 1-3-71 Recirculated: SUPREME COURT OF THE UNITED STATES No. 76-1168 Arizona, Richard Boykin, Sheriff, On Writ of Certiorari to Pima County, Petitioner, the United States Court v. of Appeals for the Ninth George Washington, Jr. Circuit. [January, 1978]
REPRODED IR FROM THE COLLECTIONS OF THE MANUSCRIPT DIVISIONT TTATIARY"OV'CON ev ' 116 -----_-------- isitprtint qourt of telt:tart Atates Washington, 2ag*g CHAMBERS OF JUSTICE THURGOOD MARSHALL December 28, 1977 Re: No. 76-1168, Arizona v. Washington Dear John: one. In due course I will circulate a dissent in this Sincerely, T.M. Mr. Justice Stevens cc: The Conference
EEPRODU FROM THE COLLECTIONS OF THE MANUSCRIPT DIVISIOK-EIERARY-OPICON,GRES No. 76-1168, Arizona v. Washington MR. JUSTICE MARSHALL, dissenting. The Court today holds that another trial of petitioner, following a mistrial declared over his vehement objection, is not prohibited by the Double Jp.ppardy Clause. To reach this result, my Brethren accord a substantial degree of deference to a trial court finding that the Court simply assumes was made but that appears nowhere in the record. Because of the silence of the record on the crucial question whether there was "manifest necessity" for a mistrial, I believe that another trial of respondent would violate his constitutional right not to be twice put in jeopardy for the same offense. I therefore dissent. My disagreement with the majority is a narrow one. I fully concur in its view that the constitutional protection of the Double Jeopardy Clause "embraces the defendant's 'valued right to have his trial completed by a particular tribunal,'" since a
ED FROM THE COLLECTIONS OF THE MANUSCRIPT DMSION, 'LIBRARY OFITANGIJES 2 3 JAN 1978 1st PRINTED DRAFT SUPREME COURT OF THE UNITED STATES No. 76-1168 Arizona, Richard Boykin, Sheriff, On Writ of Certiorari to Pima County, Petitioner, the United States Court of Appeals for the Ninth George Washington, Jr. Circuit. [February, 1978] MR. JUSTICE MARSHALL, dissenting. The Court today holds that another trial of petitioner, following a mistrial declared.over his vehement objection, is not prohibited by the Double Jeopardy Clause. To reach this result, my Brethren accord a substantial degree of deference to a trial court finding that the Court simply assumes was made but that appears nowhere in the record. Because of the silence of the record on the crucial question whether there was "manifest necessity" for a mistrial, I believe that another trial of respondent would violate his constitutional right not to be twice put in jeopardy for the same offense. I therefore dissent. My disagreement with the majority is a narrow one. I fully concur in its view that the constitutional protection of the Double Jeopardy Clause "embraces the defendant's `valued right to have his trial completed by a particular tribunal,' " since a second prosecution inevitably "increases the financial and emotional burden on the accused, prolongs the period in which he is stigmatized by an unresolved accusatioiof wrongdoing, and may even enhance the risk that an innocent defendant may be convicted." Ante, at 6-7 (footnotes omitted). For these reasons, I also agree that, where a mistrial is declared over a defendant's objections, a new trial is permissible only if the termination of the earlier trial was justified by a "manifest necessity" and that the prosecution must shoulder the "heavy" burden of demonstrating such a
REPRODU FROM THE COLLECTIONS OF THE MANUSCRIPT DIVISION;* IIHRALT-OVCON 2nd DRAFT 'SUPREME COURT OF THE UNITED STATES No. 76-1168 Arizona, Richard Boykin, Sheriff, On Writ of Certiorari to Pima County, Petitioner, the United States Court V. of Appeals for the Ninth George Washington, Jr. Circuit. [February, 1978] MR. JUSTICE MARSHALL, with whom MR. JUSTICE BRENNAN joins, dissenting. The Court today holds that another trial of petitioner, following a mistrial declared over his vehement objection, is not prohibited by the Double Jeopardy Clause. To reach this result, my Brethren accord a substantial degree of deference to a trial court finding that the Court simply assumes was made but that appears nowhere in the record. Because of the silence of the record on the crucial question whether there was "manifest necessity" for a mistrial, I believe that another trial of respondent would violate his constitutional right not to be twice put in jeopardy for the same offense. I therefore dissent. My disagreement with the majority is a narrow one. I fully concur in its view that the constitutional protection of the Double Jeopardy Clause "embraces the defendant's `valued right to have his trial completed by a particular tribunal,' " since a second prosecution inevitably "increases the financial and emotional burden on the accused, prolongs the period in which he is stigmatized by an unresolved accusation of wrongdoing, and may even enhance the risk that an innocent defendant may be convicted." Ante, at 6-7 (footnotes omitted). For these reasons. I also agree that, where a mistrial is declared over a defendant's objections, a new trial is permissible only if the termination of the earlier trial was justified by a "manifest necessity" and that the prosecution must shoulder the "heavy" burden of demonstrating such a 1
REPRODU FROM THE COLLECTIONS OF THE MANUSCRIPT'DIVISIONV"LTARARY'OrTON Suprour (Court of tke23itittb ruoilitujto-n, p. (4. 2rign.g 1zder5 CHAMBERS OF JUSTICE HARRY A. BLACKMUN January 3, 1978 Re: No. 76-1168 - Arizona v. Washington Dear John: case. I shall await Byron's separate concurrence in this Sincerely, Mr. Justice Stevens cc: The Conference r
OREP FRODU COLLECTIONS OF THE NANIISCRIPT''DWISIONrLIERARFVFmCON,e1:1Inirrint (12 =xi tic `Parittb rti1i_ngtort, p.04. 2.9-gw ch.a.n1 EERS. - l c" 7. HARRY A. BLACKMUN January 4, 1978 Re: No. 76-1168 - Arizona v. Washington Dear John: ER 14 TH At the end of your opinion will you please add a notation that I concur in the result. Sincerely, Mr. Justice Stevens cc: The Conference $
REPRODU zi FROM THE COLLECTIONS OF THE MANUSCRIPT DIVISIONT`ZEURRI-OrCOMPIES itp-rtutc.critri of tilt 'gnat?, 7,5tatto asitingtan, p. (4. Daptg CHAMBERS OF JUSTICE LEWIS F. POWELL,JR. December 28, 1977 No. 76-1168 Arizona v. Washington Dear John: Please join 'Me. Sincerely, Mr. Justice Stevens Copies to the Conference A LFP/lab
REPRODIJgD FROM THE _ - - COLLECTIONS OF THE MANUSCRIPT DWISION;. MIERARY'OF, COMORE* CHAMBERS OF JUSTICE WILLIAM H. REHNQUIST December 22, 1977 Re: No. 76-1168 - Arizona v. Washington Dear John: Please join me. Sincerely, Mr. Justice Stevens Copies to the Conference
MEOW FROM THE COLLECTIONS OF THE MANUSCRIPT`' DIVISION To: The Chief Justice Mr. Justine Brennan Mr. Justice Stewart Mr. Justice White Mr. Justice Marshall Mr. Justice Blackmun Mr. Justice Powell Mr. Justice Rehnquist From: Mr. Justice Stevens Circulated: DE. C 21 1977 1st DRAFT Recirculated: SUPREME COMO OF Tat; UNITED ptates No. 76-1168 Arizona, Richard Boykin, Sheriff, Pima County, Petitioner, v. George Washington, Jr. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. i[january, 1978] MR. JUSTICE STEVENS delivered the opinion of the Court. An Arizona trial judge granted the prosecutor's motion for a mistrial predicated on improper and prejudicial comment during defense counsel's'opening statement. In a subsequent habeas corpus proceeding, a federal district court held that the defendant could not be placed in further jeopardy by another trial. The Court of Appeals for the Ninth Circuit affirmed.' The questions presented are whether the record reflects the kind of "necessity" for the mistrial ruling that will avoid a valid plea of double -jeopardy, and if so, whether the plea must nevertheless be allowed -because the Arizona trial judge did not fully explain the reasons for his mistrial ruling. In 1971 respondent was found guilty of murdering a hotel night clerk. In 1973, the Superior Court of Pima County, Ariz., ordered a new trial because the prosecutor had withheld evulpatory evidence from the defense. The Arizona Supreme Court affirmed the new trial order in an unpublished opinion. Respondent's second trial began in January 1974. During the voir dire examination of prospective jurors, the prosecutor 1 548 F. 2d 829 (1977). The order discharging respondent from custody has been stayed pending completion of appellate review_
REPRODU FROM THE COLLECTIONS OF THE MANUSCRIPT' S DIVISIONT`TINRARY"OFNONOM - /7 To: The Chief Justice Mr. Justice Brennan Mr. Justice Stewart Mr. Justice White Mr. Justice Marshall Mr. Justice Blackmun Mr. Justice Powell Mr. Justice Eehnquist From: Mr. Justice Stevens Circulated: Pectroulatod: jan 4 1978 2nd DRAFT SUPREME COURT OF THE UNITED STATES No. 76-1168 Arizona, Richard Boykin, Sheriff, Pima County, Petitioner, v. George Washington, Jr. [January, On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. 1978] MR. JUSTICE STEVENS delivered the opinion of the Court. An Arizona trial judge granted the prosecutor's motion for a mistrial predicated on improper and prejudicial comment during defense counsel's opening statement. In a subsequent habeas corpus proceeding, a federal district court held that the Double Jeopardy Clause protected the defendant from another trial. The Court of Appeals for the Ninth Circuit affirmed.' The questions presented are whether the record reflects the kind of "necessity" for the mistrial ruling that will avoid a valid plea of double jeopardy, and if so, whether the plea must nevertheless be allowed because the Arizona trial judge did not fully explain the reasons for his mistrial ruling. In 1971 respondent was found guilty of murdering a hotel night clerk. In 1973, the Superior Court of Pima County, Ariz ordered a new trial because the prosecutor had withheld excukpatory evidence from the defense. The Arizona Supreme Court affirmed the new trial order in an unpublished opinion. Respondent's second trial began in January 1975. During the voir dire examination of prospective jurors, the prosecutor 546 F. 2d 829 (1977). The order discharging respondent from custody has been stayed pending completion of appellate review.
REPRODU FROM THE COLLECTIONS OF THE MANIISCREPVDIVISION;.MTAIWY,WCOMRLES 3rd DRAFT To! no Mg Atm Mr. Justice Brennan Mr. Justice Stewart 1'. JIMIN Mr. Just i ce Marshall/ Mr. Justice Blackmun Mr. Justice Powell Mr. Justice R-Mhquist From: Mr. Justice Stevens Circulated : Reel rculat e(=, if 11,/ SUPREME COURT OF THE UNITED STATE No. 76-1168 Arizona, Richard Boykin, Sheriff, On Writ of Certiorari to Pima County, Petitioner, the United States Court v. of Appeals for the Ninth George Washington, Jr. Circuit. Vanuary, 1978] MR. JUSTICE STEVENS delivered the opinion of the Court. An Arizona trial judge granted the prosecutor's motion for a mistrial predicated on improper and prejudicial comment during defense counsel's opening statement. In a subsequent habeas corpus proceeding, a federal district court held that the Double Jeopardy Clause protected the defendant from another trial. The Court of Appeals for the Ninth Circuit affirmed.1 The questions presented are whether the record reflects the kind of "necessity" for the mistrial ruling that will avoid a valid plea of double jeopardy, and if so, whether the plea must nevertheless be allowed because the Arizona trial judge did not fully explain the reasons for his mistrial ruling. In 1971 respondent was found guilty of murdering a hotel night clerk. In 1973, the Superior Court of Pima County, Ariz. a new trial because the prosecutor had withheld excu$atory evidence from the defense, The Arizona Supreme Court affirmed the new trial order in an unpublished opinion. Respondent's second trial began in January 1975. During the voir dire examination of prospective jurors, the prosecutor 1 546 F. 2d 829 (1977). The order discharging respondent from custody las been stayed pending completion of appellate review..